A JUDGE HAS RIGHTS TOO: JUDICIAL VS PARLIAMENT SUPREMACY
...ht have acted in the past. When we allow judges to delegate their ideology into their cases we are upholding their right as a judge, as long as their right is to make good judgments based on their knowledge of the law. Much of the Canadian life is based on compromises, intuition, and change. Life is always changing, so likewise the law must change with it. One extremely appropriate instance is the recent entry of the idea of same-sex marriages to be included in the Charter. In the case Halpern v. Canada, many issues were brought up, including the suggestion that the Court should reformulate the definition of marriage in the Charter "by substituting the words “two persons” for the words “one man and one woman” in the forgoing definition" (Halpern v. Canada). In the appeal of this case, plus another one, the judge ruled over the reasons given in Halpern v. Canada and Hendricks v. Quebec, and said that the reasons could not be justified according to the Charter. This shows that even though the judge made their own decision in this case, they made it according to the laws set out by Parliament and still coincided with the Charter. The chief idea here is that all individuals relate their knowledge of law and their experiences and backgrounds to each other. Each person is comprised from experience and learned conformity. This is what basically makes an individual's personality, but to say each personality is equal is an extreme assumption that is not near truth. All decisions that are made are from the experiences of another person or group of people. Most decisions made in our society are based on the experience or conformity of the individual mind that was 'assigned' to make that decision. Take the Prime Minister for example, he makes decisions that affect all of Canada. Yet based on what the people believe he has experienced throughout his life, they gave him the right to make important decisions for them. It's the same idea as of appointing a judge to a certain case. When a judge is assigned to a case, the decision has been put in the hands of that individual's mind and spirit. If it isn't one judge handling a case, it will just be another one, and you might or might not get the same re...